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PECK OF CHEHALIS v. C. K. OF WESTERN AMERICA

Civ. No. 9844.

304 N.W.2d 91 (1981)

PECK OF CHEHALIS, INC., a Washington Corporation; Peck of Oak Harbor, Inc., a Washington Corporation; Peck of Aberdeen, Inc., a Washington Corporation, a/k/a C. K. of Aberdeen (Washington); and C. K. of Ferndale, Inc., a North Dakota Corporation, Plaintiffs and Appellees, v. C. K. OF WESTERN AMERICA, INC., a North Dakota Corporation; John Olness; and Bernie E. Askelson, Defendants, Third-Party Plaintiffs, and Appellants, v. Jerry O. BRANTNER and Vogel, Brantner, Kelly, Knutson, Weir & Bye, a partnership, Third-Party Defendants and Appellants.

Supreme Court of North Dakota.

April 3, 1981.

Attorney(s) appearing for the Case

Shaft, McConn, Fisher & Thune, Grand Forks, for plaintiffs and appellees; argued by Patrick W. Fisher, Grand Forks.

Jeffrey J. Keyes, of Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn. and David S. Maring, of Stefanson, Landberg & Alm, Moorhead, Minn., for defendants, third-party plaintiffs, and appellants; argued by Jeffrey J. Keyes, Minneapolis, Minn.

John D. Kelly, of Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, and Gerald S. Rufer, of Rufer, Hefte, Pemberton, Schulze, Sorlie & Sefkow, Fergus Falls, Minn., for third-party defendants and appellants; argued by Gerald S. Rufer, Fergus Falls, Minn.

VANDE WALLE, Justice.

C. K. of Western America ("CKWA"), John Olness, Bernie E. Askelson, and Jerry O. Brantner, and the law firm of Vogel, Brantner, Kelly, Knutson, Weir & Bye appeal from a summary judgment entered by the district court of Grand Forks County in favor of the four plaintiff corporations. We reverse and remand.

Each of the four plaintiff corporations serves as a foundation for the operation of a Country Kitchen restaurant. Three of these...

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